Federal-aid project streamlining what’s next?

John T. Davis, P.E., PSM

Chief Engineer, Jacksonville Transportation Authority Orange Park, Florida Member, APWA Transportation Committee

ith enactment, on August 10, 2005, of the last federal transportation authorization legislation, the “Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users” (SAFETEA-LU), Congress created a commission to study and recommend policies to provide Highway Trust Fund revenues sufficient to meet highway and transit needs. The National Surface Transportation Infrastructure Financing Commission’s final report, released in February 2009, determined our nation needs to invest approximately $100 billion annually at the federal government level to maintain and improve our nation’s highway and transit systems. Highway Trust Fund revenues annually provide only about one-third of the projected need and are remaining relatively flat with a slight annual decline. Now, almost three years and nine extensions after expiration of SAFETEA-LU on September 30, 2009, the U.S. Senate’s proposed transportation bill would provide approximately $54.5 billion of funding annually for the next two years. (Let’s hope that, by the time you’re reading this article, it’s not after 10 extensions.)

At this point, it’s quite evident that any new federal transportation authorization legislation will not include the funding needed to maintain, repair and expand our nation’s transportation facilities. Therefore, it becomes even more imperative that any new legislation includes streamlining of the project process which allows us to again, “do more with less.” So, let’s review what’s happened with streamlining of federal-aid transportation projects over the recent couple of years and what’s in the works for the next year.

New Kings Rd. Pedestrian and Transit Improvements Project, $2.0 million LPA Project (all federal funding), Jacksonville, Florida Past streamlining efforts

The Federal Highway Administration (FHWA) launched its “Every Day Counts” (EDC) program in late 2010. EDC is Administrator Mendez’s personal initiative to shorten the delivery time for federal-aid projects by 50 percent. More information on EDC can be found online at http:// www.fhwa.dot.gov/everydaycounts/.

Realizing the importance of this effort to local government members of both associations, APWA and the National Association of County Engineers (NACE) have partnered with FHWA on the EDC Program since prior to its formal launch. APWA participated in FHWA’s 10 EDC Regional Innovation Summits held around the nation in the fall of 2010. At the request of NACE and APWA, FHWA held four regional Peer Exchange meetings across the nation, which focused on state and local government problems in delivering federal-aid local highway projects and potential solutions to those problems and shared Best Practices.

As a result of these EDC Peer Exchange regional meetings, FHWA developed and delivered nationally broadcast video conference sessions, specifically targeted to local governments and their consultants. The purposes of these EDC Exchange sessions were to allow local and state government participants to hear from national subject matter experts about

Alta Dr./New Berlin Rd. Resurfacing Project, $4.1 million ARRA 2009 LPA Project ($3.7 million federal funding), Jacksonville, Florida

“market-ready” EDC technologies and innovative project delivery practices and to follow those sessions with discussions among FHWA Division, state DOT and local agency participants about effective project delivery practices which could be used in their states. These five sessions included “Construction Manager/ General Contractor (CM/GC)” (video of the session can be seen at http:// www.fhwa.dot.gov/everydaycounts/ projects/methods/cmgc/ cmgcmultimedia.cfm), “Geosynthetic Reinforced Soil (GRS)” (video at http:// www.fhwa.dot.gov/everydaycounts/ technology/grs_ibs/multimedia.cfm), “Flexibility in ROW,” “In Lieu Fees/ Mitigation Banking” and “Adaptive Signal Control (ACS) Technologies” (scheduled for broadcast August 16, 2012; check with your state Local Technical Assistance Program (LTAP) Center (http://www.ltap.org/centers/) for a session location).

APWA has provided written and oral testimony to USDOT and congressional hearings on streamlining transportation project delivery and communicated with key members of Congress, involved in developing the new transportation authorization legislation, to suggest ways to streamline federal-aid projects and offer APWA’s assistance with developing and reviewing streamlining legislation.

Future streamlining efforts

FHWA has identified a two-year cycle for its EDC Program, where EDC initiatives are deployed by states and local governments over a two-year period. During the second year of deployment, FHWA would select the next group of initiatives, from suggestions provided during a solicitation process, to be implemented during the next twoyear cycle. FHWA is in the process of selecting the next cycle’s initiatives for implementation, beginning in October 2012 through the next EDC Innovation Summits. APWA and NACE have submitted two recommendations to FHWA for consideration: (1) Establish a formal process to ensure communications among local, state and FHWA stakeholders within each state, by forming small groups of these stakeholders to evaluate and implement streamlining processes for federal-aid local projects within their states; and (2) Have these state groups review a number of studies and reports, prepared since 2007 on delivery of local federal-aid projects and potential streamlining improvements, for improvements to be implemented within their states and recommendations for future EDC initiatives. One of the primary issues identified in the Peer Exchanges was that each state implements federalaid requirements for local agency projects differently; therefore, many streamlining process problems and improvement efforts are state specific. NACE and APWA members in Florida are currently participating in a stakeholder committee with the Florida Department of Transportation (FDOT), which can serve as a pilot project for the format suggested to FHWA.

The Transportation Research Board (TRB) is currently developing, through its National Cooperative Highway Research Program (NCHRP), a report on “Best Practices and Performance Measures for Local Public Agency (LPA) Federally Funded Transportation Projects,” as a follow-up to the previous NCHRP Synthesis 414 Report, “Effective Delivery of SmallScale Federal-aid Projects” (a copy of the Synthesis 414 Report can be downloaded at http://www.trb.org/ Main/Public/Blurbs/89c5c7aa-bd0e434e-961a-517f58084d50.aspx?amp). Dr. Leslie McCarthy, Villanova University, will be presenting the preliminary findings of her “Best

Practices for LPA Projects” report at APWA’s 2012 Congress (10:00-10:50 a.m., Monday, August 27, “Is Federal Funding for Local Transportation Projects Worth It? – Yes, If You Know How to Deliver Them, Part I”).

In order to provide better information for local governments on delivery of federal-aid highway projects, FHWA has developed a series of approximately 80 short (4-7 minutes each) informational videos, entitled “Federal-aid Essentials.” These webbased videos will be available in the fall of 2012 and will have companion resources text summaries of the video topic and web-links to applicable regulations and other resources, which can be downloaded and printed locally. APWA and NACE representatives have participated in webinar-based “town hall” meetings to preview and provide feedback on the proposed program. Another article within this Reporter issue provides more detail on this upcoming, valuable resource. FHWA will formally “roll out” the “Federal-aid Essentials” Program at APWA’s 2012 Congress with a session at 2:00-2:50 p.m., Monday, August 27, “Is Federal Funding for Local Transportation Projects Worth It? – Yes, If You Know How to Deliver Them, Part II” and an exhibit in the Exhibit Hall where attendees can view the videos.

APWA continues to communicate with key Congress members, particularly those serving as transportation bill conference committee members, to urge them to support federalaid project streamlining efforts in addition to other transportation issues important to our local agency members. APWA is urging inclusion within new transportation legislation of project streamlining provisions, which include:

• Small project exemption from federal requirements, except for accountability of federal funds, when federal funding is 15% or less of the total estimated project costs or less than $10 million and the project complies with state and local laws and regulations. • Clarification that federal requirements become applicable on a project only at the time the

USDOT funding agency notifies the affected State Transportation

Agency or local government that the project has been approved to receive federal funding; that all prior project work is acceptable to federal agencies, provided

the work was performed in compliance with state and local regulations; and that federal requirements are applicable only to the phase(s) of the project on which federal funds are expended and to the identified project limits. • Without placing our natural environment at risk, require federal agencies to perform environmental permit reviews simultaneously with reviews conducted by other federal agencies and by local and state agencies and require action be taken on a permit application within a specified reasonable timeframe (possibly 90 days) of receipt. • Expansion of identified

Programmatic Categorical

Exclusions to include highway maintenance, repair or replacement projects and projects constructed within existing rights-of-way.

Beach Blvd. Intracoastal Waterway Bridge Replacement Project, $77.6 million LPA Project ($0.9 million federal funding), Jacksonville, Florida Conclusion

In today’s economic and political climates, substantial increases in transportation funding will not occur. It is clear that we must utilize our available funding as efficiently as possible. One of the cost-effective ways we can achieve efficiency improvements is through improving the project delivery process. Federal Highway Administrator Mendez has committed to allowing as much flexibility to streamline project delivery as current laws and regulations will allow. Only Congress can change the laws to allow needed significant improvements in the process. We need to work with Congress to explain what laws need to be changed, why and how. This is our responsibility, as stewards of our nation’s public works.

John T. Davis can be reached at (904) 630-3169 or jtdavis@jtafla.com.

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